Terms & Conditions
THE PIXELCHROME ONLINE USER AGREEMENT:
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE PIXELCHROME WEB SITE (the "Web Site" or "Service") YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT ("Agreement") BETWEEN YOU AND PIXELCHROME. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEB SITE.
1. GENERAL INFORMATION.
1.1. Changes. The Web Site is provided by Pixelchrome, Inc. ("Pixelchrome"). Pixelchrome reserves the right, at its discretion, to change the terms of this Agreement and/or change, suspend, discontinue or modify any aspect of the Web Site. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of the Web Site.
1.2. Notices of Changes. Any notice or statement of changes/modifications described above will be displayed online, and such display shall constitute effective notice under this Agreement. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions. Additionally, your continued use of the Web Site after the posting of any notice of a change in the terms and conditions shall constitute your acceptance to be bound by any such changes.
2. THE SERVICE AREA.
2.1. The "Service Area" shall mean all areas and aspects of the Service including, without limitation, text, data, photos, graphics and/or video or any information obtained through the Web Site (collectively referred to herein as "Information"), Pixelchrome's computers or network and any subscription or software, product, service, or information provided by Pixelchrome. Pixelchrome may from time to time enter into contractual relationships with certain other artists, vendors, sponsors, and advertisers of products or services (the "Vendors"), whereby Pixelchrome may link to or display Information, advertisements, discounts, products, goods, or services offered by the Vendors. Pixelchrome does not guarantee the availability or accuracy of any such Vendor Information or offers, nor does it endorse any Vendor products or services.
2.2. Pixelchrome shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: a) any external site linked to the Service, b) Vendor Information, or c) Vendor products or services. Statements made on the Service Area concerning the products or services of Pixelchrome do not constitute an offer, but are merely solicitations of an offer.
3. LIMITATIONS ON USE AND USER SUBMISSIONS.
3.1. Copyright, Patent and Trademark Notice. All content of the Web Site, including but not limited to, all text, photos, graphics, audio, software, and/or video is copyrighted by Pixelchrome, Inc., or its affiliates or subsidiaries. © 2001 - 2006 Pixelchrome, Inc. All rights reserved.
No portion of the content may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication or redistributed in any medium. Nor may any portion of the content be stored in a computer or distributed over any network except that you may download or print one copy of pages strictly for personal and non-commercial use.
Pixelchrome, and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, and/or registered trademarks of Pixelchrome. All other product names and company logos mentioned herein are trademarks of their respective owners. Neither these materials nor any portion thereof may be stored in a computer except as reasonably necessary for personal and non-commercial use.
3.2. Notice of Copyright Infringement. Pixelchrome respects the copyrights of others. Pixelchrome reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Pixelchrome has implemented procedures for receiving written notification of claimed infringements.
3.3. Restricted Use of the Site. You agree to use the Service Area and Information for lawful purposes only. You agree not to post or transmit any information through the Service Area which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by patent, copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary right, or any other harm resulting from your use of the Service.
3.4. Linking. Without the prior written consent of Pixelchrome, you may not use any of Pixelchrome's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Pixelchrome; 2) cause confusion, mistake, or deception; 3) dilute Pixelchrome's trademarks or service marks; or 4) otherwise violate state or federal law.
4. ACCESS AND DELAYS IN SERVICES.
Pixelchrome, its affiliates, subsidiaries, and Vendors shall have no responsibility to provide you access to the Web Site. Further, Pixelchrome, its affiliates, subsidiaries, and Vendors shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the Service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.
5. MONITORING OF SITE.
You acknowledge that Pixelchrome reserves the right to, and may from time to time, monitor for all lawful purposes any and all information, content or communications (the "Communications") transmitted or received through the Service. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. All Communications, including personal information, placed on or sent over the Service may be monitored. Use of the Service, authorized or unauthorized, constitutes consent to such monitoring.
6. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY.
6.1. General Disclaimer and Limited Warranty. You acknowledge that certain aspects of the Information and/or Vendor Information and links provided through the Web Site are compiled from sources which may be beyond the control of Pixelchrome. Though such Information and links are recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur. Pixelchrome and its licensors and Vendors do not warrant the accuracy or suitability of such Information. Neither Pixelchrome nor its licensees or Vendors represent or endorse the accuracy or reliability of the Information distributed through the Service. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEB SITE IS PROVIDED TO YOU ON AN "AS IS WITH ALL FAULTS BASIS." PIXELCHROME AND ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, PIXELCHROME AND ITS LICENSORS AND VENDORS NEITHER REPRESENT NOR WARRANT THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS.
6.2. You assume all risk of errors and/or omissions in the Web Site, including the transmission or translation of data. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Web Site, including the Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement.
6.3. Viruses. YOU ACKNOWLEDGE AND AGREE THAT PIXELCHROME USES REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE WEB SITE OR THE INFORMATION. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD PIXELCHROME HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
6.4. Limitation of Liability. YOU AGREE THAT PIXELCHROME AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES AND VENDORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE FOR ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITIES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO FIVE (5%) PERCENT OF THE SUMS PAID TO PIXELCHROME BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF PIXELCHROME OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 6 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
7. INDEMNIFICATION.
YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH AND DEFEND AND INDEMNIFY AND HOLD HARMLESS PIXELCHROME AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND CONTRACTORS OF WHATEVER TIER FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTIONS OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, REASONABLE ATTORNEYS' FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSONS OR ENTITIES ARISING FROM, IN CONNECTION WITH, OR RELATING TO YOUR ACCESS AND USE OF THE WEB SITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEB SITE. THE OBLIGATIONS TO RELEASE, TO DEFEND AND TO INDEMNITY CONTAINED IN THIS SECTION 7 SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.
8. PRIVACY.
8.1. Privacy. Record of your use of the Web Site is the property of Pixelchrome and is protected by and subject to the U.S. Electronic Communications Privacy Act. Pixelchrome reserves the right to use such information for its marketing and membership endeavors. Your personally identifying information will not be shared with any third party, with the following exceptions:
A. Information that Pixelchrome in good faith determines is legally required to be revealed by any relevant statute, regulation, ordinance, rule, administrative or court order, decree, or subpoena;
B. Information revealed during the course of Pixelchrome's enforcement of the policies and procedures of the Web Site, or during the course of any disciplinary actions;
C. Information in a manner expressly permitted by the provisions of this Section 8;
D. Information that Pixelchrome in good faith determines must be disclosed to correct what it believes to be false or misleading information or to address activities that Pixelchrome believes to be manipulative, deceptive or otherwise a violation of law; or
E. Unless you are otherwise notified at the time we collect the data.
Note also, your electronic mail address may become public when you participate in Web Site electronic forums.
8.2. Privacy of Minors. Protecting the privacy of children is especially important. Pixelchrome does not knowingly collect information about children and will delete any such information that it discovers or is made aware of.
9. UNSOLICITED E-MAIL AND DIRECT MARKETING.
9.1. Unsolicited e-mail. Pixelchrome supports responsible e-commerce. Pixelchrome does not authorize anyone to use the Service to broadcast, distribute, transmit or retransmit unsolicited commercial, non-commercial, bulk, or junk electronic mail ("SPAM").
9.2. Electronic direct marketing programs. Pixelchrome develops and participates in electronic direct marketing to its users of the Web Site who elect to receive electronic mail of specific interest to them. In keeping with this Agreement, Pixelchrome does not forward the names and addresses (electronic or otherwise) to third parties. Advertisers who may participate in Pixelchrome's electronic direct marketing programs identify the category of users who would most likely be interested in their goods and services. Pixelchrome then forwards the advertisements to users who have elected to receive that category of electronic mail. Users may elect to not receive similar electronic mail by requesting that their e-mail address be removed from the mailing list by selecting the appropriate option included with each e-mail advertisement sent by Pixelchrome. In addition, users may elect to be removed from such lists at any time by sending a message to the System administrator at info@pixelchrome.com.
9.3. Reporting SPAM. Users who receive SPAM or any threatening or offensive e-mail through the services may report it to Pixelchrome by forwarding the unedited message with the full message header to webmaster@federalcoach.com.
9.4. Reservation of Rights. Pixelchrome reserves the right to take all legal or technical steps that it deems necessary to prevent the broadcast, distribution, transmission, or retransmission over the Service of SPAM, junk e-mail, threatening or offensive e-mail, or e-mail otherwise determined by Pixelchrome, in its sole discretion, to be objectionable. Pixelchrome reserves the right to suspend or terminate any person or entity's use of or access to the Service if it determines, in its sole and absolute discretion, that such person has used or intends to use the Service in violation of this policy. A failure of Pixelchrome to exercise any right provided for herein shall not be deemed to be a waiver of such right.
10. MISCELLANEOUS
10.1. Governing Law; Limitations; Venue. The laws of the State of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern this Agreement. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Service as contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action shall be brought EXCLUSIVELY in the state or federal courts located in Dallas, Dallas County, Texas, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You agree to waive any objection that the state or federal courts of Dallas County, Texas are an inconvenient forum.
10.2. Assignments. You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of Pixelchrome. Any assignment other than as provided for in this Section 10.2 shall be null and void.
10.3. Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.
10.4. U.S. Government Restricted Rights. The materials on the Web Site are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of Pixelchrome's proprietary rights in them.
10.5. Termination. Pixelchrome may terminate or suspend your use of the Web Site for any reason. Termination or cancellation of your use of the Web Site shall not effect any right or relief to which Pixelchrome may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Pixelchrome.
10.6. Entire Agreement. This Agreement is complete and effective at the time you begin use of the Service. This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and Pixelchrome.